Loading...
HomeMy WebLinkAboutReso 2001-384 RESOLUTION NO. 2001- "3gq A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH BEISWENGER, HOCH AND ASSOCIATES, INC. (BH&A), FOR MISCELLANEOUS CONSULTANT SERVICES, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THE CITY MANAGER THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach entered into a Miscellaneous Consultant Services Agreement for various engineering related projects on September 5, 2001, with Beiswenger, Hoch and Associates, Inc. (BH&A); and WHEREAS, the agreement did not require City Commission approval at the time of inception because its total dollar amount was expected to be less than $10,000; and WHEREAS, realizing some uncertainties in the time required for the NPDES Program, the following clause was included "It is anticipated that these isolated tasks will not cumulatively result in expenditures exceeding $10,000. However, in the event, the total charge by the Consultant approaches that amount, in accordance with Ordinance No. 2000-101, Section 3.1 c, the City Manager shall required an approval by the City Commission for such expenditures."; and WHEREAS, it is expected that the services to be provided by BH&A for the NPDES Program would require the City to exceed the $10,000 limitation; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1, Approval of Consultant Agreement. The Consultant Agreement between the City of Sunny Isles Beach and Beiswenger, Hoch and Associates, Inc" for miscellaneous consultant services, attached hereto as Exhibit "A", is hereby approved. Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said Consultant Agreement and do all things necessary to effectuate the terms of this Consultant Agreement. Section 3. adoption. Effective Date. This Resolution shall become effective immediately upon PASSED AND ADOPTED this 16th day of October, 2001. R200J- Consultant Agreement with BH&A ., . ;i- ..I' ~ J __ ,> . A.'i!\EST': ; . . '/ ','. ~~6:L--~1lr- 'RicHard B~own-MQrilla, City Clerk ~,' l' , - APPROVED AS TO FORM AND LEGAL SUFFICIENCY VOTE: 5-0 Mayor Samson Vice Mayor Kauffman Commissioner EdeIcup Commissioner Goodman Commissioner Iglesias R2001- Consultant Agreement with BH&A J (Yes) ~(Yes) ~(Yes) a/ (Yes) Z(Yes) ~~ David Samson, Mayor Moved by: \/i 0.0- ~ k......fr-v- Second by: ~...~~~ ~ 2 _(No) _(No) _(No) (No) (No) CITY OF SUNNY ISLES BEACH MISCELLANEOUS CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, entered into this S H day of 5/~fe."'''~2001, by and between the CITY OF SUNNY ISLES BEACH (hereinafter refe'rred as to the "City") and BEISWENGER, HOCH AND ASSOCIATES, INC. (hereinafter referred to as the "Consultant"). RECITALS WHEREAS, the City is in need of certain miscellaneous consultant services from time to time; and WHEREAS, the Consultant represents that it has expertise in providing the services needed by the City; NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incOIporated into this agreement and made a part hereof for reference. 2. CONSULTING SERVICES. Consultant shall provide to the City, miscellaneous consulting services, in accordance with the fee schedule described in Attachment "A" attached hereto and made a part hereof, for the following items: (A) administration and assistance with regard to the Local Area Program (LAP) Agreement; (B) assistance with the appropriations application from the State of Florida, for $500,000 towards the. Golden Shores Stormwater Project; (C) assistance and administration in meeting the requirements of the "NPDES" Program; and (D) other various items requiring engineering consultation that may come up in the future. 3. TERM. Subject to the provisions relating to the termination ofthis Agreement as set forth in Paragraph 9 hereunder, the term of this Agreement shall begin upon the execution of this agreement and shall end upon the completion of services described in Attachment "A", and may be extended as necessary, in writing by the parties hereto. 4. COMPENSATION. A. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Exhibit "A". Consultant shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. The Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any Page 10f6 Misc Consultant Svcs. Bh&A charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. B. It is anticipated that these isolated tasks will not cumulatively result in expenditures exceeding $10,000. However, in the event, the total charge by the Consultant approaches that amount, in accordance with Ordinance No. 2000-101, Section 3.1c, the City Manager shall require an approval by the City Commission for such expenditures. 5. INDEPENDENT CONTRACTOR RELATIONSHIP The Consultant is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City, Consultant shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than' . those set forth in this agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 6. INSURANCE. (a) Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, contractors or employees, as more particularly set forth below: General liability insurance, including broad form contractual liability coverage for bodily injury and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence. Such insurance shall not diminish Consultants indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. 7. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the Consultant pursuant to this agreement and related services to this agreement are intended and Page 2 of6 Misc Consultant Svcs . Bh&A represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. 8. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of services pursuant to that agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 9. TERMINATION. A. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Consultant for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective seven (7) days following receipt by Consultant. The terms of Paragraphs A(i) and (ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. Page 3 of6 Mise Consultant Svcs . Bh&A 10. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Consultant subcontract any services under this agreement, it shall be done with continued liability for the Consultant. The Consultant shall remain responsible for services, responsibilities and liabilities of the subcontractor or any person or entity acting under Consultant. 11. TIME OF COMPLETION. The services to be rendered by the Consultant shall be commenced upon execution of this contract and shall be completed within the time specified in this agreement. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by circumstances beyond the reasonable control of the Consultant including weather conditions of acts of God which render the performance 9fthe Consultant's duty impracticable. 12. WANER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in. connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 13. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration. And their respective attorneys' fees as may be determined by the court on confirmation. 14. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for violating such provisions. 15. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City one to Christopher J. Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and if intended for the Consultant, shall be addressed to Page 4 of 6 Misc Consultant Svcs . Bh&A Raul C. Rakela, NCARB, Project Manager, 1190 N. E. 163rd Street, Suite 203, North Miami Beach, Florida 33162, (305) 944-5151 phone and (305) 948-6290 fax. 16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Florida. 17. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 18. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title vrn of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as ~ended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because' of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 D.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 19. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Consultant further covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 20. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. Page 5 of6 Misc Consultant Svcs . Bh&A 21. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement In duplicate on the day and year first written above. BY: WITNESSES: /'~ ~ t. T 1~~:l(:..ilC.~,._" l.LJQ..Ck..()..(L --/ CITY OF SUNNY ISLES BEACH BY:~~? Christ pher J. usso City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: / f~ ~ M. Dannheisser City Attorney City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Page 6 of6 Mise Consultant Sves - Bh&A A TT ACHMENT "A" Beiswenger Hoch and Associates North Miami Beach, August 2,2001 CONSULTING ENGINEERS AND PLANNERS PHONE (305) 944-5151 FAX (305) 948.6290 Mr. Christopher J. Russo City Manager 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 RECEIVED G~G 062001 Cnyo ,unny laC ,O~,:iGC Slf!l!CiIy Manager Dear Mr. Russo In reference to our conversation of August 1, 2001, we are submitting for your consideration our hourly fee for Consulting Engineering Services to assist the City of Sunny Isles Beach in the preparation of technical documentation and miscellaneous related work. The proposed payment for our services would be on an hourly rate based on the following schedule: Project Manager Senior Design Engineer Design Engineer CADD operator $ $ $ $ 140.00 per hour 115.00 per hour 90.00 per hour 60.00 per hour This proposal does not include direct expenses for sub-consultants should they be needed. Should you have any questions please feel free to contact me. Sincerely BEISWENGER, HOCH AND ASSOCIATES INC. /U1A~ Raul . Rakela R.A Project Manager ---- CC: Robert Deuser Victor H. Guevara PO, Box 1368. North Miami Beach. Florida 33160 . 1190 NE 163rd Street, Suite 203, North Miami Beach, Florida 33162 fU;:'\.ICI V C:U Beis\Nenger Hoch and I SEP 12 2001 1 ity 0 unny Is es eac A," " Offlc~of the f; Man~ SSo'cla e North Miami Beach, September 10, 2001 CONSULTING ENGINEERS AND PLANNERS PHONE (305) 944-5151 FAX (305) 948-6290 Mr. Christopher J. Russo City Manager 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FI 33160 Dear Mr. Russo: As requested by Ms. Cecille Hayles, Contract Administrator for the City of Sunny Isles Beach, we are submitting the work schedule and budget allocation for engineering and project management to be utilized from September 5, to September 28,2001 A.- Engineering time for "Administration and Assistance with Regard to the Local Area Program (LAP) Agreement. Waiting for order to proceed from the City. No time has been allocated. B.- Engineering time allocated for the "Assistance with the appropriations application from the State of Florida, for $ 500,000.00 towards the Golden Shores Storm Water Project. Engineering time allocated (Senior Engineer) 40 hrs X $ 115.00 = $ 4,600.00 Estimated time for task completion 40 hrs x $ 115.00 = $ 4,600.00 C.- Engineering time allocated for "Assistance and Administration in Meeting the Requirements of the "NPDES" Program. Engineering time allocated (Senior Engineer) Estimated time for task completion, 80 hrs x $ 115.00 = $ 9,200.00 120 hrs x $ 115.00 = $ 13,800.00 D.- Engineering time for "Other Various Items Requiring Engineering Consultation that may come in the Future". Waiting for order to proceed from the City. No time has been allocated. E.- Project Manager time allocated. Estimated time for Project Manager 4.0 hrs x $ 140.00 = $ 560.00 16.0 hrs x $ 140.00 = $ 2,240.00 At this time, BHA's personnel is working on tasks Band C. The estimated time for completion of these tasks is larger than the anticipated budget set by the City, in section 4. COMPENSATION of the "Miscellaneous Consultant SeiVlces Agreement". Tasks A and D .....iII be executed when required by the City. Should you have any questions please feel free to contact me at BHA, (305) 944-5151, Extension 326 Sincerely, i:.rlr~~reNC. "RaUl Rakela,RA. ~ Project Manager P.O. Box 1368, North Miami Beach, Florida 33160 . 1190 NE 163rd Street, Suite 203, North Miami Beach, Florida 33162